Your will is not a paper you write once and forget. Life changes. Laws change. Your estate plan should keep up. A good rule of thumb is to review your will every three to five years, even if nothing big has happened. But some life events should push you to update your will right away.
Life Events That Should Trigger an Immediate Update
Regular reviews matter. But some changes in your life call for a fast look at your will:
- Marriage or remarriage: Arizona law affects how your spouse inherits. After marriage, you will likely want to add your new spouse as a beneficiary. You may also need to update guardian choices if kids are part of the picture.
- Divorce: Under A.R.S. 14-2804, Arizona cancels any parts of your will that help a former spouse after the divorce is final. But other parts of your plan may still point to your ex-spouse. A full review makes sure nothing is left behind.
- Birth or adoption of a child or grandchild: New family members should be in your will. You may need to name guardians, add them as a beneficiary, or set up terms for their care and schooling.
- Death of a beneficiary or personal representative: If someone you named in your will has passed away, you need to pick a new person. Leaving an old name can cause mix-ups and legal problems.
- Big change in assets: Buying or selling a home, getting an inheritance, starting or closing a business, or a big shift in your retirement savings can all change how your will should be set up.
- Moving to Arizona from another state: Each state has its own laws on wills, shared property, and probate. A will drafted in another state may still be legal in Arizona. But it might not use Arizona's special protections. Arizona is a community property state. That may change how your assets are grouped compared to where you lived before.
- Changes in bonds with people: A falling-out with someone you named, a new close friend, or a shift in family ties can all be reasons to revisit who inherits and who fills key roles.
What Happens During a Will Review
A will review does not mean you start over. In most cases, your lawyer will look at a few key areas:
- Beneficiary choices: Are the people in your will still the right picks? Have any of them passed away or become distant?
- Guardian picks: If you have minor children, is the person you named still willing and able to serve? Has their life changed in a way that affects their fit?
- Personal representative: Is the person you chose to manage your estate still the best match? Are they still local, healthy, and willing to take on the role?
- Asset alignment: Have you gained new assets that need to be covered? If you have a trust, have new assets been titled in the trust's name?
- Legal changes: Have there been updates to Arizona estate planning law? Tax limits, probate rules, and beneficiary safeguards can all shift over time.
If the changes are small, your lawyer may use a codicil. This is a legal change to your current will. For bigger changes, it is often cleaner to draft a new will that replaces the old one.
Why Regular Reviews Matter
An old will can cause real problems for your family. A will that names someone who has passed can lead to fights. A will that leaves out a new child may trigger Arizona's pretermitted heir law (A.R.S. 14-2302). That law gives the left-out child a share of your estate, even if that was not your intent. A will drafted in a state without community property rules may not handle how Arizona sorts marital assets.
Regular reviews also give you peace of mind. Knowing your plan is current means you are not leaving your family to sort out unclear or old directions.
How to Make Updates Easy
At RJP Estate Planning, we suggest setting a will review at the same time you do other yearly planning. That could be when you check your insurance or meet with your money advisor. Many of our clients build this into their routine so it never slips off the list.
If it has been more than five years since you last looked at your will, or if any of the life events above apply to you, reach out to attorney Clint Smith for a review. It is one of the simplest steps you can take to protect your family.